Keeler PLC TERMS OF USE AND PRIVACY POLICY Last Modified: August 10, 2021; Effective Date: August 10, 2021
1. Introduction. The Keeler PLC website located at www.keelercounsel.com (this “Site” or the “Keeler Website”) is provided by Keeler PLC (d/b/a Keeler), a Virginia professional limited liability company (referred to in these Terms of Use as “Keeler”, “we”, “us”, or “our”) with offices in Charlottesville, Virginia and Cape Charles, Virginia. By accessing or using this Site, you agree to be bound by the provisions of these Terms and Conditions of Use (these “Terms of Use”) and our Privacy Policy (Section 13 below). By agreeing to these Terms of Use, Keeler grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use this Site in accordance with these Terms of Use. If you violate any provision of these Terms of Use, the foregoing limited license to use this Site will automatically terminate. These Terms of Use and the Privacy Policy do not apply: (1) to any legal advice or legal services that we provide; or (2) to any products or services that we provide to you pursuant to a separate written contract.
2. Acceptance. The use of this Site is governed by these Terms of Use between each visitor to this Site (referred to in these Terms of Use as “you” or “your”) and Keeler. Your use of this Site constitutes your acceptance of these Terms of Use
3. Modification. We may, without notice, update and make additions, deletions, or other modifications to these Terms of Use (including our Privacy Policy) from time to time. We encourage you to review these Terms of Use and our Privacy Policy each time you visit this Site so that you always will know of any material changes. You agree to be bound by all of the provisions of these Terms of Use and our Privacy Policy that are displayed on this Site on the date that you use this Site even if such provisions have been modified, altered, or deleted since you last used this Site. Your use of this Site indicates your acceptance of all of the terms and conditions of these Terms of Use and the Privacy Policy that are displayed on this Site on the date of such use. If you do not agree with the updated Terms of Use or Privacy Policy, you agree that you will promptly discontinue your use of this Site. Notwithstanding the foregoing, no modification by us of these Terms of Use or our Privacy Policy will apply retroactively.
4. Disclaimer and Notices.
4.1. Site is Informational Only; No Legal Advice. The information and contents on this Site are provided for informational purposes only and are not intended to be, and should not be construed as, legal advice on any matter. The contents of this Site may not be current and up-to-date. You should not act or refrain from acting based on any content or information on this Site without seeking legal advice from an attorney licensed in your jurisdiction or other appropriate professional advice. Keeler expressly disclaims any liability for any and all acts and omissions taken or made by you in reliance upon any information or materials provided on this Site
4.2. No Attorney-Client Relationship or Duty of Confidentiality. Your use of this Site does not create an attorney-client relationship between you and Keeler or any attorney or other person employed by or affiliated with Keeler. We encourage you to contact us via e-mail or otherwise. However, Keeler does not intend to create an attorney-client relationship by inviting you to contact us, and you should not send us any privileged or confidential information until you and the Firm agree and can document that there is an attorney-client relationship between you and Keeler. Unless and until such a relationship exists: (i) Keeler and its attorneys do not owe you a duty of confidentiality, and (ii) we will assume that any information you send us is not confidential, and our review of such information does not preclude us from representing a party that is directly adverse to you, even in a matter where that information could and will be used against you.
4.3. Prior Case Results. Case results depend upon a variety of factors unique to each case. Success in prior cases does do not guarantee or predict a similar result in any future case.
4.4. Persons Depicted in Photos and Other Media. From time to time, this Site may include photos or other media that depict or portray people who are not lawyers, employees, or clients of Keeler.
5. Links to Third Party Websites. We may provide links on this Site to other websites that are not under our control (each, a “Third Party Site”). In general, any website that has an address (or URL) not containing our domain name (keelercounsel.com) is a Third Party Site. These links are provided for convenience or reference only and do not indicate (a) any affiliation between Keeler PLC and a Third Party Site; or (b) Keeler’s approval, sponsorship, or endorsement of (i) a Third Party Site or the organization or individual operating such Third Party Site, or (ii) any of the information or content contained on such Third Party Site, including products or services that may be sold or advertised on a Third Party Site. We accept no responsibility for, and we expressly disclaim, any warranties or liability relating to, the accuracy, relevancy, copyright compliance, legality, or decency of materials displayed on or contained in any Third Party Site. Your access and use of any Third Party Site is at your own risk. You acknowledge that these Terms of Use contain no representation, warranty, or endorsement by us of any Third Party Site or any of the products, services, information, or other content available on any Third Party Site. Your use of any Third Party Site will be governed by the terms and conditions posted at such Third Party Site, including any privacy policy posted on such Third-Party Site.
6. Ownership; Use of Site. All intellectual property associated with, or incorporated within, this Site and the content available on this Site, including without limitation, all articles, photos, and other media and documents (each, a “Work”, collectively “Works”), together with all Intellectual Property Rights (as defined below) therein and thereto are owned by Keeler (or the third party owners thereof). These Terms of Use do not grant to you, and you shall not acquire, any right, title, or interest in and to this Site, any Work, any content available on this Site, or any Intellectual Property Rights associated with any of the foregoing, except for the following limited license: We grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to access and make personal use of this Site. This limited license includes the right to download and/or print each Work that is available on this Site for your personal use, provided that you do not use any Works for public or commercial purposes. You may not use any Work in any manner that suggests an association between Keeler and any other person, entity, or organization. You may not (a) upload or post any of the materials on this Site to any other website, or (b) publicly make available, display, distribute, or perform any of the materials on this Site, or (c) engage in hotlinking with respect to any materials on this Site. Notwithstanding any provision herein to the contrary, the foregoing limited license will automatically terminate upon the expiration, cancellation, or termination of these Terms of Use or of your rights or licenses hereunder. As used in these Terms of Use, “Intellectual Property Rights” means all worldwide copyrights, trademark rights, patent rights, trade secret rights, moral rights, publicity rights, and all other intellectual property rights, and all rights, causes of action, or rights of enforcement relating to any intellectual property.
7. Disclaimer of Warranties. You expressly understand and agree as follows:
7.1. This Site and all content and information available on or through this Site (including all Works) are provided “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE,” without any warranties or conditions whatsoever, to the fullest extent permissible under applicable law.
7.2. we expressly disclaim all warranties, express or implied, relating to THE KEELER WEBSITE and all content and information available on OR THROUGH THE KEELER WEBSITE (including all Works) to the fullest extent permissible under applicable law, including without limitation, the implied warranties of merchantability and fitness for a particular purpose.
7.3. While we will make reasonable efforts to provide accurate and timely information and content on this Site, you should not assume that any content or information provided (including any Work) is always up-to-date, accurate, or complete, or that this Site contains all of the relevant information available. We make no representations, warranties, or assurances as to the accuracy, currency, or completeness of this Site or of any Work or other content or information on this Site, and we disclaim any and all responsibility or liability related thereto. Your use of, and reliance upon, any Work and any other content and information on this Site is at your sole risk.
8. Limitation of Liability.
8.1. TO THE MAXIMUM EXTENT ALLOWED BY LAW, neither Keeler nor any of its officers, managers, members, attorneys, employees, consultants, contractors, agents, or affiliates (collectively, “Keeler parties”) will be liable to you for any injury, loss, or damage of any kind whatsoever relating to your access or use of THIS SITE. The foregoing exclusion applies without limitation to all liability for lost profits and any special, incidental, indirect, consequential, punitive or reliance damages, regardless of whether such liability is based on breach of contract, tort, negligence, strict liability, breach of warranties, failure of essential purpose or otherwise and even if the Keeler Parties were advised of the possibility of such damages.
8.2. SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THIS SECTION. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING IN THIS SECTION MAY NOT APPLY TO YOU.
8.3. If you do not agree with these Terms of Use or if you seek to assert any claim against any Keeler Parties arising out of, or relating to, these Terms of Use, or your access or use of this Site, any Work, or any other information or content on this Site, your sole and exclusive remedy is to discontinue using this Site.
9. Indemnification; Breach. You agree to indemnify, defend, and hold harmless the Keeler Parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use this Site (including any Works), your violation of these Terms of Use, or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Keeler PLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Keeler in asserting any available defenses. You agree that if you breach any of the provisions of this Agreement, you will pay all costs, including reasonable attorneys’ fees, incurred by Keeler in connection with any litigation relating to such breach.
10. Children Under Age 13. We are committed to protecting the privacy of children under the age of thirteen (13) years (“Children”). Access and use of this Site by Children are prohibited by these Terms of Use. This Site is not designed for or marketed to Children, and Keeler does not knowingly collect Personal Information (as defined in the Privacy Policy) from Children through this Site. By using this Site and/or submitting any information to Keeler through this Site, you promise that you are at least thirteen (13) years old.
11. Termination. We may, at any time, terminate your right and license to use this Site. Your right to use this Site (including all Works) will terminate immediately and automatically if you breach any of these Terms of Use. Any termination, cancellation, or expiration of these Terms of Use or of your rights or licenses hereunder notwithstanding, provisions which are by their terms intended to survive and continue will so survive and continue, including without limitation Sections 5, 6, 7, 8, 9, and 12.
12. General Provisions.
12.1. Reservation of Rights. We reserve all rights relating to this Site and the content and information available on or through this Site (including all Works) not expressly granted to you by these Terms of Use.
12.2. Severability. If any provision of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms of Use.
12.3. Non-Waiver. No waiver by us, and no failure by us to exercise any of our rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by an authorized member, manager or officer of Keeler.
12.4. Governing Law and Venue. These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the applicable federal laws of the United States, without regard to the conflicts of law provisions of any jurisdiction. Without limiting the foregoing provision, the parties agree that the Virginia Uniform Computer Information Transactions Act, Virginia Code §§ 59.1-501.1 et seq. (“UCITA”), is expressly excluded from these Terms of Use and that any and all terms contained in UCITA will have no force and effect on any portion of these Terms of Use. You hereby irrevocably consent to the exclusive personal jurisdiction and venue of any state or federal court located in Albemarle County, Virginia or the City of Charlottesville, Virginia with respect to all disputes arising out of or relating to these Terms of Use, your use of this Site, or any Work or other content and information on this Site. We retain all rights at law and in equity to enforce the provisions of these Terms of Use in accordance with applicable laws.
12.5. No Assignment. These Terms of Use are personal to you. Neither these Terms of Use nor any of your rights or obligations may be sold, transferred, delegated, or assigned by you without our prior written consent, and any attempt to do so without such consent will be void. Subject to the foregoing, these Terms of Use will be binding upon and inure to the benefit of the parties and their respective successors, assigns, and legal representatives.
13. Privacy Policy. This Privacy Policy describes the types of information we may collect through your use of the Keeler Website and our practices for collecting, using, maintaining, protecting, and sharing that information. This Privacy Policy applies to all information that we collect through the Keeler Website. This Privacy Policy does not apply to information that you provide to third parties or that we may collect from you or about you in other ways, including through e-mails you may send to us or through third parties.
13.1. Updates to Privacy Policy. As technology changes and as our business grows and develops, we may modify this Privacy Policy from time to time. Changes to this Privacy Policy will be made and will become effective as described in the Terms of Use.
13.2. Children Under Age 13. We are committed to protecting the privacy of children under the age of thirteen (13) years (each a “Child” and collectively, “Children”). Use of the Keeler Website by Children is prohibited by the Terms of Use. The Keeler Website is not designed for or marketed to Children, and we do not knowingly collect Personal Information (as defined below) from Children. If we learn we have collected or received Personal Information from a Child, we will delete that information. If you believe we might have any information from or about a Child, please contact us using the information on our Contact Page.
13.3. Definitions. As used in this Privacy Policy:
13.3.1. “Personal Information” means personally-identifiable information (information relating to an individual that can be used to identify, locate, or contact that individual, alone or when combined with other personal or identifying information), such as: name, home or physical address, e-mail address, phone number, or personal characteristics (such as photos, age or date of birth, race, gender, number or gender of children, height, weight, religion, occupation, education, political party affiliation, medical conditions or other health information, fingerprints, handwriting), Sensitive Information (as defined below), or any other information about an individual that we collect through the keelercounsel.com Website and maintain in personally identifiable form in combination with other personally-identifiable information.
13.3.2. “Sensitive Information” means Social Security numbers, passport numbers, driver’s license numbers, bank account numbers, credit or debit card numbers, insurance policy numbers, login or authentication credentials (such as passwords), or other similar information.
13.3.3. “Non-Personal Information” means information or content other than Personal Information, including, for example, aggregated or anonymized information about our users and other information that does not identify any individual.
13.4. Types of Information Collected.
13.4.1. Visitor Information. We may automatically collect information about you when you use the Keeler Website (“Visitor Information”), such as the pages and other materials you access, the amount of data transferred, the links you click, the amount of time you spend interacting with each page, and other information about your interactions with the Keeler Website, as well as certain standard information that your browser sends to every website that you visit, including your Internet Protocol (IP) address, operating environment (such as browser type and version, browser plugins installed, operating system version, regional and language settings, screen size and/or resolution, windows size, and page size), access dates and times, and referring websites. The Keeler Website may use cookies, web beacons, and other technologies for a variety of purposes, such as saving and retrieving information about you, your visit, and assisting in displaying relevant promotions and advertising to you. Additionally, third-party widgets such as YouTube may install cookies depending on their configuration. We may use such technologies to share non-Personal Information with third parties or to retrieve Non-Personal Information from third parties. You are not required to accept any cookies to use this site. At this time, the Keeler Website does not respond to “Do Not Track” signals sent to us by your browser.
13.4.3. Google Analytics. We may, from time to time, use a tool called “Google Analytics” (including Google Analytics Demographics and Interest Reporting features) to collect information about your use of the Keeler Website, which helps us provide content that is relevant to you and optimized for the devices that you use (such as smartphones and tablets). We respect and value your privacy, and we never combine the information collected through the use of Google Analytics with Personal Information. We use the information we receive from Google Analytics only to improve the Keeler Website and our content and marketing. Google’s use and sharing of information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using Google’s Ad Settings tool. As an added privacy measure, you can use the Google Analytics Opt-out Browser Add-on.
13.5. Use of Non-Personal Information. We may use Non-Personal Information (including, for example, aggregated information about our users or information that does not identify any individual) for any purposes whatsoever (including without limitation, advertising, marketing, enhancing, designing, or developing products and/or services, and research), and we may share Non-Personal Information with others, including our partners, affiliates, and our service providers.
13.6. Use of Personal Information. We do not knowingly collect any Personal Information about you through your use of the Keeler Website.
13.7. Opt-In Sharing Features. We will not knowingly disclose your Personal Information to a third party if we know or have reason to believe that the third party will use your Personal Information for direct marketing purposes, unless you choose to opt-in to such sharing.
13.8. Security. We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to or through the Keeler Website. Any transmission of Personal Information is at your own risk.
13.9. Third Party Sites. The Keeler Website may contain links to other websites that are operated by third parties. Once you have clicked on a link connecting you to such third party website, you will leave the Keeler Website and be taken to a website that we do not control. This Privacy Policy does not apply to any Personal Information (or other information) collected on a third party site. We suggest you read the privacy policy of the third party site before providing any Personal Information on such third party site. We are not responsible for any use by any person or entity of any information that you may provide while accessing or using any websites or services provided by a third party.
13.10. Access to and Change of Personal Information. You may contact us at any time to: (a) request the removal of the Personal Information you provided to us from our databases; and (b) update your Personal Information. However, certain information associated with legal and financial transactions related to our products and services may be retained permanently for legal, tax, and business reasons. When your Personal Information is updated or deleted, copies of such information may remain in our backups for a period of time.
14. Contacting Us. You may contact us using the information on our Contact Page.
